Sri Jagadish Chandra Barman,  MEMBER

            The facts leading to the filing of the instant case by the complainants may be epitomized as follows:-

            This is a complaint case under Section 35 of the Consumer Protection Act 2019. As per statement, the Complainants came to know that the opposite parties had been developing the land and selling to the intending purchasers after development. Thereafter, the complainants had  approached to the Developer/ O.Ps./ vendor and proposed to purchase  a plot of land  being no- 13, measuring about 05 kothas at ``Puspa  Kunja Township Project’’  under Ashuti II Gram Panchayet, Touzi no- 29, J. L. No- 40, Khatian no- 168, Dag no-138 under Mouza –Kalagachhia, P.S.-Maheshtala, Dist.- South 24 Parganas. The consideration amount  settled for the land of 5 kothas was  in total Rs. 10,50,000=00 only at the rate of Rs. 2,10,000=00 only per kotha.

        Accordingly, the Complainants paid Rs. 10,000=00 only on 05/07/2012 and Rs. 4, 10,000=00 only on 20/7/2012 as plot booking money. Then an ‘Agreement for Sale’ was signed between the Golden Point Land Con. Pvt. Ltd.  and the Complainants on 20^th July 2012.  As per statement, the complainants paid in total Rs. 9, 27,500=00 only and the O.Ps. [Golden Point Land Con. Pvt. Ltd.]   also issued money receipts in favour of the Complainants For  the payments done on several dates.  Photo copies of the receipts  on several dates are also enclosed herewith by the Complainants.

         As per terms and conditions under para 10 and 11of the Agreement for Sale, the Golden Point Land Con. Pvt. Ltd.  promised to provide the basic amenities like supply of electricity,  arsenic free water and drinking water, and  to construct sewages & drainage   within a period of 36 months from the date of Agreement for Sale. It was also promised by the O.Ps. to provide highland plots, barbed wires, metallic roads, parks , lake etc.

        As per statement, the complainants were ready to pay the balance consideration amount Rs. 1, 22,000.00 only to the O.Ps. The complainants paid Rs. 9, 27,500=00 only out of Rs 10, 50,000=00 only. But the opposite parties did not pay any heed to the tension, anxiety and mental agony of the complainants and did not execute the ‘Deed of Conveyance’.

      Instead of, the O. Ps. wrote a  letter  to Prabir Ghosh, one of the purchasers,   on 02/10/2016   informing him [complainant] that the  O. Ps. were unable to hand over the said plot of land being no- 13[bungalow] due to some legal litigation. But they [ O. Ps.]  Intended to refund the received amount Rs . 9, 27,500=00 only with 12% interest.

           As per statement, the opposite parties neither refunded the paid amount Rs. 9,27,500=00 only nor they registered the` Deed of Conveyance`  of the said plot of land in favour of the complainants.

             Finding no other alternative, the complainants filed a C. C. NO- 219/2019  before this  Ld. Commission. But due to  improper authorisation by the complainants  to Mr. Sunil Kr. Ghosh ,  Son of Manabendra Ghosh,    4/3, Hari Nath Sen Road, Dakshin Para, P. O. & P. S.- Barasat, Dist.- North 24 Parganas. W.B., Pin code- 700124, the earlier complainant petition vide no-C. C. 219/2019 was dismissed at the stage of final hearing. However, a liberty was granted to file a fresh before this Ld. Commission.

         Ergo, a fresh complaint case vide C. C. No- 71/2021 was filed  on 16/7/2021   with Special Power of Attorney by Mr. Sunil Kr. Ghosh ,  Son of Manabendra Ghosh,    4/3, Hari Nath Sen Road, Dakshin Para, P. O. & P. S.- Barasat, Dist.- North 24 Parganas. W.B., Pin code- 700124.

            Accordingly, after admission on 27/7/2021, show cause notices were sent to the O. Ps. by this Ld. Commission. But the notices were not served satisfactorily. Then, notice  was published in the daily news paper `PRATIDIN` on 28/11/2021 [Sunday] with the direction to the O. Ps. to appear on 24/12/2021 before this Ld. Commission to contest the instant case.. But the O. Ps. neither appeared nor filed any written version before this Ld. Commission.  Ergo, this instant case  remains unchallenged.

       In this case, the complainants prayed for proper adjudication of the instant case in this Ld. Commission and sought for the following relieves:-

1. To issue an order to the opposite parties to refund the paid amount Rs. 9, 27,500 /- only with interest. Complainants claimed in total Rs. 21,41,412.00  only ;
2.  To issue an order to the opposite parties to pay  a sum of Rs. 2,00,000.00 only  as compensation  for deficiency of service and unfair trade practice ;
3. To issue an order to the opposite parties to pay a sum of Rs. 30,000.00 only as cost of litigation;
4. To issue any other order to the opposite parties as the Hon`ble Commission may deem fit.

             Upon the averments of the complaint petition, the following points are formulated:-

POINTS FOR DETERMINATION

1].    Are the Complainants Consumer?

2]    Are the O. Ps.  guilty of deficiency of services and unfair trade practice as alleged by the complainants?

3]      Are the Complainants entitled to get relief /relieves as prayed for?

EVIDENCE/BNA OF THE COMPLAINANTS

              The complainant [authorised person] filed a petition through his learned advocate on 23/2/2022 to treat his complaint petition as evidence on affidavit and he also filed BNA on 28/4/2022.

DECICIONS WITH REASONS.

                The complainants paid Rs. 10,000=00 only on 05/07/2012 and Rs. 4, 10,000=00 only on 20/7/2012 as plot booking money. Then, an ‘Agreement for Sale’ was signed between the Golden Point Land Con. Pvt. Ltd.  and the Complainants on 20^th July 2012.  As per statement, the complainants paid in total Rs. 9, 27,500=00 only and the O.Ps. [Golden Point Land Con. Pvt. Ltd.]   also issued money receipts of the payments  in favour of the Complainants. Photo copies of the payments on several dates are also enclosed herewith by the Complainants.       

        Therefore, there is no doubt that complainants are `CONSUMER` under Section 2[7]  of the Consumer Protection Act 2019.

       In relation to point for determination no. 2 ‘’Are the O. Ps.  guilty of deficiency of services and unfair trade practice as alleged by the complainants?”- it is relevant to opine that in this instant case, the complainants paid Rs. 9,27,500.00 only  to the opposite parties in order to get a plot of land in the ``Puspa  Kunja Township Project’’  under Ashuti II Gram Panchayet, Touzi no- 29, J. L. No- 40, Khatian no- 168, Dag no-138 under Mouza –Kalagachhia, P.S.-Maheshtala, Dist.- South 2.4 Parganas.

        The complainant, thereafter, had approached several times to the O.Ps. to register the ‘Deed of Conveyance’ of the said plot of land mentioned in the ‘Agreement for Sale`. The complainants also were ready to pay balance amount Rs. 1, 22,000.00 only    on the day of Registration of `Deed of Conveyance’. But the O. Ps. neither refunded the paid amount Rs. 9, 27,500.00 only with interest nor did they register the ‘Deed of Conveyance’ in favour of the Complainants.

      However, the O. Ps. wanted to refund the paid amount with interest. Therefore, there was no dispute of payment amount. But till the date of submission of the C.C. NO-71/2021 dated 16/7/2021, the complainants neither got back the paid amount of Rs. 9, 27,500.00 only nor did they get the Registration of ` Deed of Conveyance` of the plot of land in question.

          Hence, it is clear from the facts and circumstances, that, deficiency of service under Section 2(11) and unfair trade practice under Section 2[47] of the Consumer Protection Act 2019 have been occurred on behalf of the Opposite Parties.

       In relation to the point for determination no 3, ``  Are the complainants entitled to get relief /relieves as prayed for ‘’?- it is relevant to state that the opposite parties were very much eager to collect money from the complainants. But they did not pay any heed to the tension, mental agony and harassment of the complainants. The O. Ps. neither refunded the paid amount Rs. 9, 27,500.00 only nor registered the `Deed of Conveyance’ of the plot of land in question in favour of the complainants.

          Hence, the O. Ps. are jointly/severally   liable to be penalized Rs.30, 000=00 only as litigation cost, Rs. 2,00,000=00 only as compensation amount to be paid to the complainants within 45 days from the date of issuing this order.

           In case of failure, the opposite parties will have to bear 9% simple interest upon compensation and litigation cost from the date of this Order and till to the date of realization.

          All the O. Ps. are either jointly or severally also liable to refund the paid amount  Rs. 9,27,500=00 only with 12% simple interest from the date of last payment i.e., 15/12/2014.

          As a result, the complaint case is succeeded.

Hence, it is

ORDERED

            That the complaint case be and the same is hereby allowed Ex-parte against the Opposite Parties with a cost of Rs.30, 000=00 (thirty thousand) only.

           The Opposite Parties are directed to pay Rs. 2, 00,000=00 (Rs. Two lakh ) only as compensation amount for their deficiency of service occurred under Section 2(11) and unfair trade practice occurred under Section 2 ( 47 ) of the Consumer Protection Act 2019.

                All the O. Ps. are either jointly or severally also liable to refund to the Complainants the paid amount  Rs. 9,27,500=00 only with 12% simple interest from the date of last payment i.e., 15/12/2014.

           The Opposite Parties are liable either severally or jointly to pay cost of litigation and compensation amount within 45 days from the date of issuing this order. Otherwise, O. Ps. will have to bear 9% simple interest from the date of issuing this order till the date of realization.

           The Complainants are at liberty to submit an Execution Case against the O. Ps.  before this Ld. Commission for non-compliance of the order but after 45 days.

             Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.

            The final order be also available in www.confonet.nic.in  .

Dictated and Corrected by me.

  ( Jagadish Chandra Barman)                             

            (MEMBER)